I was going to create my Ovi App for Mobile Phones. To Publish my Blogs for Mobile Phones. But, then I read their TOS!!:O

I was going to create my Ovi App for Mobile Phones. To Publish my Blogs
for Mobile Phones. But, then I read their TOS!!:O It sounded Great! And
I jumped the gun and started building my App before I read the Fine
Print:O I usually don't do that either...

"Take your content mobile with Ovi app wizard!"

"Now anyone can create an app for Ovi Store in just a few minutes.
It's fast. It's easy. And it's free. No programming skills are
required and it's open to all individuals and businesses, with no
registration fees. After you've created your app and registered as an
Ovi store publisher, it will become available to millions of Ovi Store
customers within 24 hours of your submission."

But you have to agree to all of this...
I have read and agree to the Ovi Store Publisher Registration and
Distribution Agreement, the Terms of Use for Ovi app wizard and the
Privacy Policy.

Basically... If you agree too all of this.... They Own your Work, your
Content on your Blogs and Web Sites, your Images, your Videos, your
Writing, Everything!!!

Store Publisher Registration and Distribution Agreement
1. Purpose
Ovi Store is a publicly available site on which publishers can
distribute Content
(as defined below) for use on compatible mobile devices pursuant to this
Agreement
(as defined below). Publishers can choose to distribute Content for free
or may
charge a fee for their Content.

2. Accepting this Agreement; Definitions

2.1. Acceptance

This Ovi Store Publisher Registration and Distribution Agreement
together with
the Privacy Policy (collectively "Agreement") forms a legally binding
contract
between You (as defined below) and Nokia (as defined below) in relation
to Your
registration for a publisher account, submission of Your Content for
consideration by Nokia for distribution via the Ovi Store, other use of the
materials, tools and websites relating to Ovi Store that are offered by
Nokia
for publishers, and the potential distribution of Your Content following
Your
submission (collectively the "Program"). You may not participate in the
Program
if You do not accept this Agreement. The use of some of the materials,
tools
and websites relating to Ovi Store may be subject to additional terms that
You have to accept before use.

By accepting this Agreement, You certify that You are of the legal age of
majority in the jurisdiction in which You reside, and You represent and
warrant
that You are legally permitted to participate in the Program.

If You are agreeing to be bound by this Agreement on behalf of Your
employer or
other entity, You represent and warrant that You have full legal
authority to
bind Your employer or such other entity to this Agreement. If You do not
have
the needed authority, You may not accept this Agreement or use the
Program on
behalf of Your employer or other entity.

2.2. Definitions

"Brand Features" means the trade names, trade marks, service marks, logos,
domain names, and other distinctive brand features of either You or Nokia,
respectively, as owned (or licensed) by such party from time to time.

"Content" means any information or material such as services, applications,
games, data, text, software, music, sound, photographs, images, graphics,
video messages, answers, questions, comments, suggestions, hints,
strategies,
concepts, designs, ideas, plans or orders.

"Nokia" means Nokia Corporation, any affiliate legal entity that Nokia
Corporation directly or indirectly controls, and Nokia's China affiliate
providing Ovi Store services in China. "Control" as used here means fifty
percent (50%) or more of the voting securities or similar voting rights.

"Open Source Software" means any software, which is subject to license
terms and
conditions currently listed at http://opensource.org/licenses/ or
meeting the
criteria listed at http://www.opensource.org/docs/definition.php or
which is
subject to any similar free or open source license terms.

"You" or "Your" means the person(s) or legal entity exercising rights
under this
Agreement. If You are entering into this Agreement on behalf of Your
company,
organization or legal entity, then "You" or "Your" refers to Your company,
organization or legal entity.

3. Registration For and Termination of Your Publisher Account

You must register for a publisher account in order to participate in the
Program.
You agree to provide truthful and complete information when registering
for the
Program and to keep that information updated. Providing misleading
information
about Your identity is forbidden. Your registration information will be
used to
validate Your publisher account, and failure to provide complete or
accurate
information may result in Your rejection from the Program.
Notwithstanding the
foregoing, acceptance or rejection of Your registration is at Nokia's sole
discretion. Employees of Nokia are prohibited from participating in the
Program.

When You register, You will create a username and a password. You are
solely
responsible for any use of the Program with Your username and password.
You agree
to take due care in protecting Your username and password against misuse by
others and promptly notify Nokia about any misuse. Nokia may limit the
number of
registrations issued to You or to the company or organization You work for.

As consideration for the rights and licenses granted to You under this
Agreement
and Your participation in the Program, You agree to pay Nokia the requisite
registration fee as set forth on the Program website at that time. This
fee is
non-refundable and is required for each of Your registrations. Your fees
must be
paid up and not in arrears at the time You submit Content for consideration
by Nokia.

After You register, You may begin submitting Your Content for
consideration by
Nokia for distribution via the Ovi Store. When You submit Your Content for
consideration, You will be able to define the parameters for potential
distribution of Your Content on a price, billing method, territory and/or
mobile device basis.

You may terminate Your registration if You no longer wish to use the
Program.
After termination, You will no longer have access to the Program. Nokia may
terminate Your registration or restrict Your access to certain parts of the
Program if there is an indication that You have breached the Agreement
or with
a prior email notice if You have not signed into the Program with Your
username
in the past six (6) months.

Except as set forth in the Privacy Policy and this Agreement, when Your
registration is terminated, Nokia shall not be responsible for the
removal of
any information or Content You submitted in connection with the Program.

If the Content is removed from the Program by either You or Nokia, some
traces
of the Content may remain and copies of the Content may still reside
within the
Program and on Nokia servers.

4. Pricing and Payments

4.1. This Agreement covers both Content You choose to submit for free and
Content for which You wish to charge a fee. Your Content may be
purchased by
consumers via credit card and/or operator billing arrangements subject to
availability.

4.2. Price Selection. You select the nominal global price point
(including free) that You wish to charge for Your Content from among a
range
of pre-defined price points displayed when You submit Your Content
through the
Program website. Nominal globlal price points (other than free) are
shown in
Euros and represent approximate prices. Each selected nominal global
price point
is mapped to a specific local retail price by Nokia, and such local retail
prices can vary depending on the distribution territory, operator billing
requirements, local market pricing practices, local legislation, local
currency
differences when billing is not done in Euros, and other factors. Price
mapping
may be subject to change from time-to-time and the selection of local
retail
pricing is in Nokia's sole discretion. Price mapping is the same for all
publishers distributing Content through the Program. Should You become
dissatisfied with Nokia's price mapping, Your sole remedy and recourse
is to
remove Your Content from the Program. You further acknowledge that Nokia
may
change or abandon its nominal pricing structure, without need of
amending this
Agreement, in favor of a pricing system that allows You to select actual
price
points for certain distribution territories rather than price mapping to
those territories.

4.3. Billing Method Selection. You select the preferred billing method for
Your Content based on operator billing (if available and applicable at the
selected price point) and/or credit card billing. Your billing
preference will
be applied in most cases, but You agree that if Your stated preference
is not
possible, then Nokia may allow for another billing method to be presented
to the end user.

4.4. Nokia shall pay You seventy percent (70%) of the Net Revenue
attributable to purchases of Your Content by end users. You acknowledge
and agree
that the Net Revenue attributable to purchases is determined using the
amounts
actually collected and received by Nokia from either credit card purchases,
operator billing purchases or both. You further acknowledge that there
can be a
time delay between when Your Content is sold, and when Nokia receives
the funds
attributable to the sale of Your Content. Should the time delay be
significant,
as determined solely in Nokia's discretion, Nokia reserves the right
(but is
under no obligation) to make courtesy payments to You based on estimated
Net
Revenue (instead of actual). If such courtesy payments are made, You
acknowledge
and agree that Nokia may adjust Your future payments based on actual
figures
and amounts once known.

4.4.1. For purchases made by credit card, "Net Revenue" shall mean the
purchase
price paid for Your Content by the end user, net of returns, refunds and
bad debt,
less all applicable taxes levied on sales, consumption, or based on
revenue,
regardless of what that tax is called.

4.4.2. For purchases made via operator billing, "Net Revenue" shall mean
the
purchase price actually received by Nokia for Your Content from the end
user,
net of returns, refunds and bad debt, less all applicable taxes levied
on sales,
consumption, or based on revenue, regardless of what that tax is called,
and
fixed aggregate billing charges. For the avoidance of doubt, You
acknowledge
and agree, that payments received from operator billing arrangements,
either
directly or via a billing aggregator, may be based on aggregate payments
and not
itemized, and that if Nokia is unable to determine the exact revenue
share that
is directly attributable to all Content, then Nokia may allocate and
apportion
such revenues according to a pro-rated method across Content sold through a
particular operator as Nokia deems fit. You further acknowledge and
agree that
Nokia may allocate, apportion and/or deduct from the revenues received from
operator billing arrangements, any instances of bad debts or non-payment by
defaulting end users according to a pro-rated method across Content sold
through
a particular operator as Nokia deems fit.

4.4.2.1. For Content priced at or below the nominal price of 1.99 Euros
(€ 1.99), fixed aggregator billing costs will be calculated at fifty
percent
(50%) of the purchase price paid for Your Content after all applicable
taxes,
returns, refunds and bad debt expenses are deducted.

4.4.2.2. For Content priced at or above the nominal price of 2.00 Euros
(€ 2.00), but less than or equal to the nominal price of 2.99 Euros (€
2.99),
fixed aggregator billing costs will be calculated at forty-five percent
(45%)
of the purchase price paid for Your Content after all applicable taxes,
returns,
refunds and bad debt expenses are deducted.

4.4.2.3. For Content priced at or above the nominal price of 3.00 Euros
(€ 3.00), fixed aggregator billing costs will be calculated at forty
percent (40%)
of the purchase price paid by end users after all applicable taxes,
returns,
refunds and bad debt expenses are deducted.

4.5. Payment to You will be made no less frequently than on a calendar
monthly
basis following the end of each calendar month. Payment from Nokia will
be paid
in Euros, which payment may be reflected differently to You based on local
currency differences, exchange rates, Your bank fees and other factors
beyond
Nokia's control. Notwithstanding the foregoing, if the total amount
payable to
You is less than one hundred Euros (€ 100), Nokia shall have the right to
withhold payment until the next regularly scheduled monthly payment date on
which the amount payable to You equals or exceeds one hundred Euros (€ 100).

4.6. Taxes

Each party is responsible for all taxes (including, but not limited to,
taxes
based upon its income) or levies imposed on it under applicable laws,
regulations
and tax treaties as a result of any contract and any payments hereunder.

In the event that a withholding tax or similar tax, including any
advance tax,
is payable, Nokia or any operator, billing aggregator or any other party
involved
with the billing arrangements for the sale of Your Content in the
Program shall
be entitled to deduct the withholding tax or similar tax from the
payment relating
to Your Content as required under applicable laws, regulations and tax
treaties.
Upon formal written request from You, furnished to Nokia's mailing address
provided herein in Section 17.5, Nokia will furnish evidence of taxes
withheld
by Nokia, or Nokia shall take reasonable actions as determined by Nokia to
obtain and furnish evidence of taxes withheld by other parties involved
with
the billing arrangements in order to enable You to obtain any credits
available to You.

Reduced withholding tax rate of a double taxation agreement, if any,
will be
applied only if You provide sufficient documentation, furnished to Nokia's
mailing address provided herein in Section 17.5, that the double taxation
agreement is applicable to the payment and that You are entitled to the
benefits
of the double taxation agreement. You also warrant that You are the
beneficial
owner of the Content within the meaning of the applicable double taxation
agreement.

Any Finnish advance tax that may be applicable to payment relating to Your
Content will be deducted as required under applicable laws and regulations.
Your personal advance tax rate will be applied only if You provide Your
tax card
issued by Finnish tax authorities for the income relating to Content
payments,
furnished to Nokia's mailing address provided herein in Section 17.5.
No applicable Finnish advance tax will be deducted if You are registered
with
the prepayment-register of the Finnish tax authorities and if You provide
sufficient documentation as determined by Nokia on Your registration,
furnished
to Nokia's mailing address provided herein in Section 17.5.

You indemnify and hold Nokia, and any operator, billing aggregator or
any other
party involved with the billing arrangements for Your Content harmless
against
all claims by any tax authority for any underpayment of withholding tax
or similar
tax including advance tax, penalties and interest.

4.7. VAT and Invoicing

Any VAT, sales tax, service tax, business tax, turnover tax, IVA, ISS or
any
similar tax levied on You in the country where You are registered for tax
purposes is solely Your responsibility. Nokia is not liable to You or
anyone
else to pay any of the aforementioned taxes in addition to the revenue
share
Nokia remits to You.

You agree to the use of Nokia's Self Billing Arrangement (the "Nokia SBI")
whereby Nokia's payment documentation sent to You along with Your payments
(pursuant to Section 4 above), will also be construed as the cost invoice
against which Nokia pays You, and as Your sales invoice for which You
are getting
paid. You further agree that any Nokia SBI documentation may be
delivered to
You at the email address You provided during registration to the
Program, or as
updated by You after registration. You certify that Your email address
and all
Your registration information, as may be updated by You from time to
time, are
truthful, accurate, current, valid and adequate for Nokia SBI purposes.
You are
solely liable for issuing any VAT, tax or similar invoice as may be
required by
the laws of Your country if such document is required in addition to the
Nokia
SBI materials, and You certify that such invoice or document will show
exactly
the same details as those shown in the Nokia SBI materials, and reflects
the same
amount to pay to You which the Nokia SBI shows in Euros (the currency in
which
Nokia will make payments to You). Nokia is not liable for any tax or legal
consequences if Your invoice or document deviates from the Nokia SBI
details.

4.8. Future Charge Restriction

You are prohibited from collecting future charges from end users for
Content
that those end users purchased via Ovi Store or were initially allowed to
obtain for free through the Ovi Store. This is not intended to prevent
distribution of free trial or demo versions of Your Content with a later
upsell
option to obtain the full version of the Content. Such free trials or
demos of
Content are permitted. However, if You want to collect fees after the
free trial
or demo expires, You must collect all fees for the full version of Your
Content
through the payment methods offered to end users on Ovi Store. In this
Agreement,
"free" means there are no charges or fees of any kind for use of the
Content
other than standard data transfer charges that may apply. All fees
received by
You for Content distributed via the Program must be processed by Nokia.

4.9. Your Support For Your Content

You will be solely responsible for support and maintenance of Your
Content and
to address any complaints about Your Content. You agree to provide customer
support by email delivered to the email address You provided during
registration
to the Program, or as updated by You after registration. You agree to
respond to
customer related issues pertaining to Your Content, sent to Your email
address,
within five (5) business days. You further agree to upload or provide a
link to
any support materials for Your Content when submitting Your Content for
consideration by Nokia.

5. Use of the Program by You

5.1. You agree to use the Program only for purposes that are permitted by
(i) this Agreement and (ii) any applicable law, regulation or generally
accepted practices or guidelines in the relevant jurisdictions.

5.2. You may use the Program solely for the purposes of distribution of
Content via the Ovi Store. You agree that if You use the Program to
distribute
Content, You will protect the privacy and legal rights of end users. If
the end
users provide You with, or Your Content accesses or uses, user names,
passwords,
or other login information or personal information, You must make the
end users
aware that the information will be available to You and/or Your Content,
and
You must provide legally adequate privacy notice and protection of that
information for those end users. Further, Your Content may only use that
information for the limited purposes for which the end user has given You
permission to do so. If Your Content stores personal or sensitive
information
provided by end users, it must do so securely and only for as long as
it is needed.

5.3. Prohibited Actions

You agree that You will not engage in any activity with the Program,
including
the development or distribution of Content, that interferes with, disrupts,
damages, or accesses in an unauthorized manner the devices, servers,
networks,
or other properties or services of any third party including, but not
limited to,
Ovi Store end users, Nokia or any mobile network operator.

You may not use customer information obtained from the Program to sell or
distribute Content outside of the Program.

5.4. Non-Compete. You may not use the Program to distribute or make
available
any Content whose primary purpose is to facilitate the distribution of
Content
outside of the Program.

5.5. You agree that You are solely responsible for (and that Nokia, Nokia's
billing providers and any network operators enabling or featuring Ovi Store
have no responsibility to You or to any third party for) any Content You
distribute through the Program and for the consequences of Your actions
(including any loss or damage which Nokia may suffer) by doing so.

5.6. You agree that You are solely responsible for (and that Nokia, Nokia's
billing providers and any network operators enabling or featuring Ovi
Store have
no responsibility to You or to any third party for) any breach of Your
obligations under this Agreement, any applicable third party contract or
terms
of service, or any applicable law or regulation, and for the consequences
(including any loss or damage which Nokia or any third party may suffer) of
any such breach.

5.7. Managing Your Content. You will be responsible for uploading Your
Content
to the Program, providing any required Content information and
disclosures to end
users, and accurately disclosing the security permissions necessary for the
Content to function on the end user's mobile device.

5.8. Prohibited Content. Any Content You distribute via the Program must
adhere to the Content Guidelines for publishers located at
https://publish.ovi.com/help/content_guidelines, which guidelines may be
updated from time to time. For the avoidance of doubt, Your Content must
not:
(i) depict explicit sexual activity; (ii) depict or endorse acts that
cause or
are intended to cause excessive pain or suffering; (iii) promote or
endorse the
misuse of alcohol, tobacco, illegal drugs or other addictive substances;
(iv) promote intolerance or discrimination based on racial, political,
ethnic,
religious, gender or sexuality; (v) promote invasion of rights of privacy;
(vi) promote gambling or (vii) promote illegal activity.

5.9. Communication. Nokia may send communications to You from time to time.
Such communications may be in the form of phone calls, emails, text
messages or
other forms of commercially available communication tools. The subject
matter of
these communications may include, but not be limited to, marketing
materials,
technical information, device support, and updates and/or changes regarding
Your participation in the Program. By agreeing to this Agreement, You
consent
that Nokia may provide You with such communications.

5.10. Reporting. Nokia may provide You with access to online reporting
tools
showing download data and estimated revenue regarding distribution of
Your Content. You acknowledge and agree that any online reporting tools are
provided as a courtesy, are for informational purposes only, and may not
represent exact data due to varying factors including but not limited to
the
nature of the Internet, the influx of new and sometimes unknown IP
addresses,
the possible use of proxy servers, and the delay and differences that
may occur
between estimated revenues being shown and the amounts actually
collected and
received by Nokia from either credit card purchases, operator billing
purchases or both.

6. Licenses Grants

Nokia does not claim ownership in Your Content and Your submission of
Content for
the Program does not transfer ownership rights in the Content to Nokia.

However, by submitting Content for the Program You grant to Nokia a
non-exclusive, worldwide, irrevocable during the term of this Agreement,
and royalty-free license to use, copy, publicly perform, display, and
distribute
the Content in connection with the Program and to use, attach, include,
reproduce
and display parts of the Content in connection with the marketing of
Your Content
and Ovi Store. You further grant Nokia a non-exclusive, worldwide,
irrevocable
during the term of this Agreement, and royalty-free license to translate
the
meta data and Content descriptions that You provide when submitting
Content for
the Program into other languages supported by Nokia devices in order to
broaden
the potential appeal and audience reach for Your Content.

Each party shall own all right, title and interest, including without
limitation
all intellectual property rights, relating to its Brand Features. Except
to the
limited extent expressly provided in this Agreement, neither party
grants, nor
shall the other party acquire, any right, title or interest (including,
without
limitation, any implied license) in or to any Brand Features of the
other party.
Subject to the terms and conditions of this Agreement, You grant to Nokia a
worldwide, non-exclusive, irrevocable during the term of this Agreement,
royalty-free right and license to use, attach, include, reproduce and
display
Your Brand Features in connection with any of Your Content and the
marketing of
Your Content and Ovi Store. Nokia may include Your Brand Features and
Content in
presentations, marketing materials and press releases. Nothing in this
Agreement
gives You a right to use any of Nokia's Brand Features, except You are
allowed to
use such Brand Features that may be provided to You by Nokia in
connection with
the Program when You are providing end users links to Ovi Store and/or
access
to Your Content found there.

Any license You grant to Nokia includes consultants, suppliers and
contractors
providing services for or on behalf of Nokia.

You grant to the end users of Ovi Store a non-exclusive, worldwide, and
perpetual
license to perform, display, and use Your Content distributed through
the Program. If You choose, You may include a separate end user license
agreement (EULA) or terms of service within Your Content that will
govern the end
user's rights to the Content in lieu of the previous sentence. Nokia is not
responsible for any violations of any terms between You and end users of
Ovi Store
or Your Content.

7. Content Submission and Selection

7.1. Submission to Nokia. You may submit Your Content for consideration by
Nokia for distribution in the Program once You decide Your Content is
compliant
with this Agreement and ready for potential distribution to Ovi Store
end users.
You represent and warrant that Your Content complies with the submission
documentation and Program requirements then in effect at the time of
submission.
You agree to cooperate with Nokia in this process and to truthfully answer
questions and provide information about Your Content, as reasonably
requested
by Nokia. You further represent and warrant that You have full authority
and/or
all necessary rights, licenses or permissions to submit Your Content to
Nokia,
and to make it available for consumption by end users, and that You
shall be
solely responsible for the acquisition and payment of any and all third
party
clearances, consents, permissions, licenses, authorizations, and rights
(including any and all rights in any works (including musical works),
recordings
and/or other materials), to the extent applicable and required in
connection
with the distribution of Your Content through Ovi Store.

7.2. Device Selection. When submitting Your Content for consideration, You
must select which Nokia devices are compatible for potential
distribution of
Your Content. You acknowledge and agree that Nokia may, in its sole
discretion,
add Your Content for distribution to other compatible devices,
consistent with
Your pricing and territorial distribution selections.

7.3. Selection for Availability

You understand and agree that Nokia may, in its sole discretion,
determine that
Your Content does not comply with the submission documentation and Program
requirements then in effect, or reject Your Content for distribution for
any
reason even if it meets the submission documentation and Program
requirements.
You further understand and agree that if Your Content is selected for
distribution via the Program, Nokia may, in its sole discretion, remove
Your
Content at any time and for any reason.

Nokia, Nokia's billing providers and any network operators enabling or
featuring
Ovi Store shall not be responsible for any costs, expenses, damages, losses
(including without limitation lost business opportunities or lost
profits) or
other liabilities You may incur as a result of developing Your Content
or use
of the Program, including without limitation the fact that Your Content
may not
be selected for distribution via the Program, is removed from
distribution via
the Program, or if Nokia discontinues the Program. You will be solely
responsible for developing Content that is safe, free of defects in
design and
operation, and complies with applicable laws and regulations. You will be
solely responsible for any documentation, customer support and warranty
obligations for Ovi Store end users. The fact that Nokia may have reviewed,
tested, approved or selected Your Content will not relieve You of these
obligations and will not subject Nokia to responsibility or liability for
Your Content.

8. Program Availability

Nokia reserves the right, in its sole discretion, to change, improve and
correct the Program. The Program may not be available during maintenance
breaks
and other times.

Nokia may also decide to discontinue the Program or any part thereof in its
sole discretion. In such case You will be provided a prior notification.

9. Confidentiality

You may, in Your sole discretion, provide Nokia with comments,
information or
other feedback regarding Nokia products, internet services or this
Program, which
Nokia may freely use to improve or enhance its products, services or
this Program
without obligation of confidentiality or compensation to You.

You agree that all information disclosed by Nokia to You that relates to
the
Program or Nokia's products, designs, business plans, business
opportunities,
finances, research, development, know-how, personnel, or third-party
confidential
information, will be considered and referred to collectively as
"Confidential
Information." Confidential Information, however, does not include:
(i) information that Nokia makes generally available to the public;
(ii) information that You can demonstrate to have had rightfully in Your
possession prior to disclosure to You by Nokia; (iii) information that is
independently developed by You without the use of any Confidential
Information;
or (iv) information that You rightfully obtain from a third party who
has been
given the right to transfer or disclose it by Nokia. You agree not to
disclose,
publish, or disseminate Confidential Information to anyone other than those
individuals who have an existing Program membership. You further agree
to take
reasonable precautions to prevent any unauthorized use, disclosure,
publication,
or dissemination of Confidential Information. You agree not to use
Confidential
Information otherwise for Your own or any third party's benefit without
the prior
written approval of an authorized representative of Nokia in each instance.
You further agree that despite any other confidentiality agreements You
may have
between You and Nokia, Nokia will not be responsible for keeping
confidential
any information You submit to Nokia for consideration through the use of
the
Program.

You acknowledge that Nokia develops its own Content and works with many
developers and publishers who develop their own Content. Some of Nokia's
or its
publisher partners' Content may be similar to or compete with Your Content,
either now or some time in the future. Nokia cannot agree, and expressly
disclaims, any confidentiality obligations or use restrictions, express or
implied, with respect to any information that You may provide in
connection with
this Agreement or the Program, including information included in or with
Your Content.

10. Privacy and Information

In order to continually improve the Program, Nokia may collect certain
usage
statistics from the Program, including but not limited to, information
about
how Content, compatible devices and the overall Program are being used.

Data collected, including Your personal data obtained through use of the
Program,
is maintained in accordance with Nokia's Privacy Policy.

11. Terminating this Agreement

11.1. This Agreement will continue to apply until terminated by either
You or
Nokia as set out below.

11.2. If You wish to terminate this Agreement, You must provide Nokia
with thirty
(30) days prior written notice and cease Your use of all publisher
usernames and
passwords issued to You.

11.3. Nokia may terminate this Agreement with You if: (i) You have
breached any
provision of this Agreement; (ii) Nokia is required to do so by law;
(iii) You
cease being an active participant in the Program; (iv) if You become
insolvent,
fail to pay Your debts when due, dissolve or cease to do business, file for
bankruptcy, or have filed against You a petition in bankruptcy; or (v)
Nokia
decides to no longer offer the Program.

11.4. The obligations in Sections 2, 3, 4.4 (in its entirety), 4.5, 4.6,
4.7,
4.8, 4.9 (first sentence only), 5.2, 5.3, 5.4, 5.5, 5.6, 6 (last
paragraph only),
9, 10, 11.4, 12 through 14 inclusive, 16 and 17 will survive any
termination or
expiration of this Agreement. The parties agree that Nokia will
discontinue the
use of Your Content and Your Brand Features for marketing (as permitted
under
Section 6) as soon as reasonably practicable after termination of this
Agreement.
Neither Nokia, nor any of Nokia's billing providers, or any network
operators
enabling or featuring Ovi Store, will be liable for compensation,
indemnity, or
damages of any sort as a result of terminating this Agreement in
accordance with
its terms, and termination of this Agreement will be without prejudice
to any
other rights or remedy Nokia may have, now or in the future.

12. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PROGRAM AND ANY
ASSOCIATED
SOFTWARE OR SERVICES IS AT YOUR SOLE RISK AND THAT THE PROGRAM IS PROVIDED
"AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

YOUR USE OF THE PROGRAM AND ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH
THE USE OF THE PROGRAM IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE
SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR
LOSS OF
DATA THAT RESULTS FROM SUCH USE.

NOKIA FURTHER EXPRESSLY DISCLAIMS (ON BEHALF OF ITSELF, NOKIA'S BILLING
PROVIDERS, AND ANY NETWORK OPERATORS ENABLING OR FEATURING OVI STORE) ALL
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND
NON-INFRINGEMENT OF
THIRD PARTY RIGHTS.

13. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE
THAT
NOKIA, NOKIA'S BILLING PROVIDERS, AND ANY NETWORK OPERATORS ENABLING OR
FEATURING
OVI STORE SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY
DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER
OR NOT
NOKIA, NOKIA'S BILLING PROVIDERS, OR ANY NETWORK OPERATORS ENABLING OR
FEATURING
OVI STORE, OR ANY OF THEIR REPRESENTATIVES HAVE BEEN ADVISED OF OR
SHOULD HAVE
BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

14. Indemnification

To the maximum extent permitted by law, You agree to defend, indemnify
and hold
harmless Nokia, Nokia's billing providers, and any network operators
enabling or
featuring Ovi Store and each of those parties respective directors,
officers,
employees and agents from and against any and all third party claims,
actions,
suits or proceedings, as well as any and all liabilities, assessments,
losses,
damages, costs and expenses (including reasonable attorneys fees)
resulting from
or arising out of: (i) Your breach of the Agreement; (ii) Content You
submit
through the Program; (iii) Your infringement or violation of any copyright,
trademark, trade secret, trade dress, patent or other intellectual property
right, or defamation of any person or violation of their rights of
publicity
or privacy; and (iv) misuse of the Program by a third party where such
misuse
was made available by Your failure to take reasonable measures to
protect Your
username and password against misuse.

15. Changes to the Program or this Agreement

Nokia reserves the right, at its discretion, to modify or change the
terms of
this Agreement at any time without prior notice. In order to continue Your
participation in the Program, You must accept and agree to the new terms
of the
Agreement. If You do not agree to the new terms, Your use of the Program
will be
suspended or terminated. Nokia may also update the general requirements,
rules
and polices around participation in the Program at any time. You will be
responsible for reviewing and becoming familiar with any such modifications
(including but not limited to new terms, updates, revisions, supplements,
guidelines, and any additional rules, policies, terms and conditions
("Additional Terms") communicated to You by Nokia. All Additional Terms are
hereby incorporated into this Agreement by this reference, and Your
continued
use of the Program will indicate Your acceptance of any Additional
Terms. You
must discontinue Your use of the Program if You do not accept the
Additional Terms.

Nothing in this Section shall affect Nokia's rights under Sections 3
(Termination of Your Publisher Account) or 11 (Terminating this
Agreement) above.

16. Open Source Software

If Your Content includes any Open Source Software, You warrant that You
comply
with all applicable Open Source Software license terms. Furthermore, You
warrant
that You will not use any Open Source Software in such a way that would
cause
the non-Open Source Software portions of the Program, Ovi Store, or any
other
Nokia software or the software of any of Nokia's billing providers or any
network operators enabling or featuring Ovi Store to be subject to any Open
Source Software license terms.

17. General Legal Terms

17.1. Dispute Resolution; Governing Law. Except where prohibited by
applicable
law or provided otherwise herein, this Agreement shall be governed by
the laws
of Finland without regard to its conflict of law provisions. Any dispute,
controversy or claim arising out of or in connection with this
Agreement, or
the breach, termination or invalidity thereof, shall be settled by
arbitration
under the Rules of Arbitration of the Finnish Central Chamber of
Commerce. The
arbitral tribunal shall be composed of a sole arbitrator located in
Helsinki,
Finland in English. Nothing in this Agreement shall limit Nokia's right
to seek
interim injunctive relief or to enforce an arbitration award in any
court of law.

17.2. Assignment. The rights granted in this Agreement may not be
assigned or
transferred by You without the prior written approval from Nokia. You
shall not
be permitted to delegate Your responsibilities or obligations under this
Agreement without the prior written approval from Nokia. Any attempted
assignment of this Agreement without prior written approval will be null
and void.

17.3. Severability. If any court of law or tribunal, having the
jurisdiction to
decide on this matter, rules that any provision of this Agreement is
invalid,
then that provision will be removed from this Agreement without
affecting the
rest of this Agreement. The remaining provisions of this Agreement will
continue
to be valid and enforceable. If there is any conflict between this
Agreement and
the Privacy Policy, the provisions of this Agreement shall prevail.

17.4. Relationship of the Parties. The parties acknowledge that other
than the
contractual relationship established by this Agreement, this Agreement
will not
be construed as creating any other relationship, or agency, partnership,
employment, joint venture, fiduciary duty, or franchise, or any other
form of
legal association between You and Nokia. This Agreement is not for the
benefit
of third parties; provided, however, that Nokia's billing providers and any
network operators enabling or featuring Ovi Store each shall be third-party
beneficiaries for purposes of Sections 5.5, 5.6, 7.3, 11.4, 12, 13, and 14.

17.5. Notices. Any notices relating to this Agreement shall be in writing.
Notices will be deemed given by Nokia when sent to You at the email
address or
mailing address You provided during registration as a publisher for the
Program.
You consent to receive notices by email and agree that any such notices
that
Nokia sends You electronically by email will satisfy any legal
communication
requirements. You may change Your email address by updating Your
registration
data that You provided during registration. You may provide notices
under this
Agreement to Nokia in writing at the following address: Ovi Store Publisher
Program, Keilalahdentie 4, FIN–02150 Espoo, Finland.

17.6. Waiver and Construction. You agree that if Nokia does not exercise or
enforce any legal right or remedy which is contained in this Agreement
(or which
Nokia has the benefit of under any applicable law), this will not be
taken to
be a formal waiver of Nokia's rights and that those rights or remedies will
still be available to Nokia. You agree that any laws, regulations or
cases that
provide that the language of a contract will be construed against the
drafter
will not apply to this Agreement.

17.7. Export Control. Content provided via the Program may be subject to
United
States export laws and regulations. You must comply with all domestic and
international export laws and regulations that apply to Your
distribution or
use of Your Content. These laws include restrictions on destinations,
users and
end use. In particular, but without limitation, there are export
restrictions (i)
into any United States embargo countries; and (ii) to anyone on the
United States
Treasury Department's list of Specially Designated Nationals or the
United States
Department of Commerce Denied Person's List or Entity List. You
represent and
warrant that You are not located in any such country or on any such list.

17.8. Entire Agreement. This Agreement constitutes the entire legal
agreement
between You and Nokia, governs Your use of the Program, and supersedes
all prior
understandings and agreements between You and Nokia regarding the Program.

Ovi Store Publisher Registration and Distribution Agreement- v.1.3

TOS (actual)
TERMS OF USE FOR OVI APP WIZARD

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR
USING THE TOOL. THESE TERMS OF USE FOR OVI APP WIZARD TOGETHER WITH THE
PRIVACY POLICY OF THE RELATED WEBSITE (COLLECTIVELY "Agreement") GOVERN
YOUR USE OF THE TOOL AND CONSTITUTE AN AGREEMENT between You (either an
individual or an entity), and Nokia Corporation ("Nokia") WITH RESPECT
TO THE TOOL. By clicking on the "Accept" button or otherwise indicating
your acceptance while ACCESSING and/or using the TOOL, You agree to the
terms and conditions of this Agreement AND TO the terms and conditions
of OVI STORE PUBLISHER REGISTRATION AND DISTRIBUTION AGREEMENT. If You
do not agree to all of the terms and conditions, promptly DISCONTINUE
the REGISTRATION PROCESS AND EXIT THE TOOL. BY ACCESSING OR USING THE
TOOL YOU (AND THE ENTITY ON BEHALF OF WHICH YOU ARE ACTING) AGREE TO ALL
OF THE ABOVE MENTIONED terms and conditions. IF YOU (OR THE ENTITY ON
BEHALF OF WHICH YOU ARE ACTING) DO NOT ACCEPT the terms and conditions
YOU MAY NOT ACCESS OR USE THE TOOL.

You acknowledge that the terms and conditions (including without
limitation Your obligations and liabilities) relating to the
distribution of Applications through Nokia's Ovi Store service and the
use of publisher account for Ovi Store shall be governed by Ovi Store
Publisher Registration and Distribution Agreement in addition to the
terms and conditions of this Agreement. As used in this Agreement, the
term "Application" means one or more software programs, including all
content and related materials, developed by You in compliance with this
Agreement using the Tool, including any bug fixes, updates, upgrades,
modifications, enhancements, supplements to, revisions, new releases and
new versions of such software programs or materials.

You acknowledge that the Tool may contain portions of software licensed
by third party licensors and the use of such portions may be subject to
separate license terms. You shall be allowed to use those third party
licensed portions that are provided under separate license terms solely
in accordance with such separate license terms.

1. TOOL

As used in this Agreement, the term "Tool" means, collectively: (i) the
online application development tool available through the website where
You accessed this Agreement; (ii) the services related to the online
application development tool above that are available through the
website where You accessed this Agreement; (iii) the website for the
online application development tool where You accessed this Agreement
(iv) any technical or other specifications or documentation that Nokia
may make available or provide to You relating to or for use in
connection with the online application development tool above
("Documentation"); (v) the servers and related back end technology that
are required for Applications to function and that may be otherwise
supporting the use of Applications; and (vi) updates, upgrades, modified
versions, additions and copies of the Tool (collectively "Updates"), if
any, licensed to You by Nokia under this Agreement.

2. END USER RIGHTS AND USE

Nokia grants to You a limited, personal, non-exclusive, non-transferable
end user right to use the Tool for the development and distribution of
Applications.

You must register for an Ovi app wizard account in order to use the
Tool. When You register, You will create a unique username and password
enabling You to access the Tool. You are personally responsible for any
use of the Tool with Your username and password and You shall not
disclose Your username and password to any third party. You agree to
take due care in protecting Your username and password against misuse by
others and promptly notify Nokia about any misuse.

The information You provide when registering for an Ovi app wizard
account may be used by Nokia to create You a separate publisher account
for Ovi Store. The publisher account for Ovi Store allows You to modify
the Application that has been submitted for distribution using the Tool
and to redefine the distribution parameters (including without
limitation selected countries and price) You have chosen for such
Application. Nokia will create You a publisher account for Ovi Store, if
necessary, after You submit Application for distribution using the Tool
for the first time.

The use of publisher account for Ovi Store and related user name and
password shall be governed by Ovi Store Publisher Registration and
Distribution Agreement. You acknowledge that the Ovi Store distribution
parameter options for Applications may be more limited (for example,
fewer available price points) than for such applications have been
developed without use of the Tool.

You acknowledge that the use of the Tool or distribution of Applications
may require licenses to third party patents and that Nokia does not
grant any licenses to such third party patents under this Agreement to You.

No patent licenses to any patents of Nokia and/or its affiliates are
granted under this Agreement.

3. LIMITATIONS ON END USER RIGHTS

You may not copy, distribute, or make derivative works of the Tool. You
may use the Tool and distribute Applications only as follows:

(a) You agree to provide truthful and complete information when
registering for an Ovi app wizard account and to keep that information
updated;

(b) You may use the Tool solely for developing Applications that are
compatible with products that are manufactured by or on behalf of Nokia.
You are not allowed to develop any Application that does not operate in
a Nokia product;

(c) You may use the Tool solely for developing Applications that are
distributed through Nokia's Ovi Store service. You are not allowed to
distribute any Application through any service or channel outside Ovi Store;

(d) You may use the Tool to submit solely such Applications for which
You have full authority and all necessary rights, licenses' and
permissions' required for distribution through Ovi Store service;

(e) You may not use the Tool to submit for distribution any Application
that includes or allows access to such content (including without
limitation any advertising) that is prohibited by Ovi Store Publisher
Registration and Distribution Agreement;

(f)You may not reverse engineer, reverse compile, disassemble, or
otherwise attempt to discover the source code of the Tool or Application
(except to the extent that this restriction is expressly prohibited by
law) or create derivative works based on the Tool or Application;

(g) You agree that You shall only use the Tool in a manner that complies
with all applicable laws in the jurisdiction in which You use the Tool,
including, but not limited to, applicable restrictions concerning
copyright and other intellectual property rights; and

(h) You may include advertising in Applications by concluding a separate
agreement regarding provision of advertising to Applications either with
Nokia or with a third party identified in the Tool by Nokia ("Approved
Third Party"). You acknowledge that the terms and conditions (including
without limitation liabilities regarding the advertising and revenue
share arrangements) relating to such advertising in Applications shall
be fully governed by a separate agreement between You and Nokia or You
and Approved Third Party, as applicable. Any such agreement between You
and Approved Third Party shall be solely between You and applicable
Approved Third Party and will not subject Nokia to any responsibility or
liability. Under this Agreement, You are permitted to keep the revenue
for advertising served within Applications, but You agree to work in
good faith with Nokia to explore other advertising revenue share
arrangements and/or advertising solutions upon reasonable advance notice
from Nokia. Nokia may decide to discontinue permitting provision of
advertising in any Application at any time in Nokia's sole discretion.

4. INTELLECTUAL PROPERTY RIGHTS

The Tool and all rights, without limitation including title and
intellectual property rights therein and related to the software code
and content that is provided and included by the Tool to Applications,
are owned by Nokia, its affiliates and/or its licensors and are
protected by international treaty provisions and all other applicable
national laws of the country in which it is being used. The structure,
organization, and code of the Tool are valuable trade secrets and
confidential information of Nokia, its affiliates and/or its licensors.
You must not use the Tool or distribute Applications, except as set
forth in clause 3 (Limitations on End User Rights). You acknowledge that
Nokia may promote Ovi Store service and any application available
through Ovi Store in Applications.

In addition to such standard part of each Application that is software
code provided and included by the Tool, each Application may include
trademarks and other materials and allow access to content provided and
included by You or by Approved Third Party ("Your Contribution"). Nokia
does not claim ownership in Your Contribution and Your use of the Tool
does not transfer ownership rights in Your Contribution to Nokia.

Furthermore, Nokia may collect or have collected usage and distribution
statistics in connection with the Tool and/or Applications, including
but not limited to, information about how Applications, compatible
devices and the Tool are being used. Such information shall be owned by
Nokia.

5. CONFIDENTIALITY

You agree that all information disclosed by Nokia to You that relates to
the Tool (including without limitation usage and distribution statistics
collected by Nokia that may be disclosed to You), Nokia's products,
designs, business plans, business opportunities, finances, research,
development, know-how, personnel, or third-party confidential
information, will be considered and referred to collectively as
"Confidential Information." Confidential Information, however, does not
include: (a) information that Nokia makes generally available to the
public; (b) information that You can demonstrate to have had rightfully
in Your possession prior to disclosure to You by Nokia; (c) information
that is independently developed by You without the use of any
Confidential Information; or (d) information that You rightfully obtain
from a third party who has been given the right to transfer or disclose
it by Nokia. You agree not to disclose, publish, or disseminate
Confidential Information to any third party without Nokia's prior
written approval. You further agree to take reasonable precautions to
prevent any unauthorized use, disclosure, publication, or dissemination
of Confidential Information. You agree not to use Confidential
Information otherwise for Your own or any third party's benefit without
the prior written approval of an authorized representative of Nokia in
each instance.

You further agree that despite of any other confidentiality agreements
You may have between You and Nokia, Nokia will not be responsible for
keeping confidential any information You provide to Nokia through the
use of the Tool.

6. AVAILABILITY

Nokia reserves the right, in its sole discretion, to change, improve and
correct the Tool from time to time. The Tool may not be available during
maintenance breaks and other times. Nokia may also decide to discontinue
offering the Tool or any part thereof in its sole discretion. In such
case You will be provided a prior notification and Nokia may terminate
this Agreement with immediate effect after such notification.

7. SUPPORT AND MAINTENANCE

Nokia has no obligation to furnish You with technical or other support
unless separately agreed in writing between You and Nokia. In case of
such support given by Nokia You understand and agree that the support
has been given on "as is" and "as available" basis and Nokia will have
no obligations or liabilities related to such support.

Nokia may provide You with Updates that are considered as important or
critical by Nokia, and in such case You may not continue using the
previous version of the Tool and the use of the previous version of the
Tool may be prevented.

8. FEEDBACK

By submitting feedback to Nokia related to the Tool or Applications You
grant Nokia a worldwide non-exclusive, assignable, fully paid,
royalty-free, perpetual and irrevocable license to use, copy, publicly
perform, display, distribute and modify such feedback, and to prepare
derivative works thereof, and incorporate such feedback into other works
and products as well as sublicense the same.

9. COMMENCEMENT AND TERMINATION

This Agreement is effective from the first date You agree to the terms
and conditions of this Agreement. You may terminate this Agreement at
any time by discontinuing Your use of the Tool and distribution of
Applications and by notifying Nokia in writing of the same. Your end
user rights automatically and immediately terminate without notice from
Nokia if You fail to comply with any provision of this Agreement. In
such an event, You must immediately discontinue Your use of the Tool,
distribution of Applications and notify Nokia in writing of the same. In
addition, Nokia may terminate this Agreement at its sole discretion by
thirty (30) days prior written notice (including without limitation by
e-mail to You).

10. NO WARRANTIES

YOU ACKNOWLEDGE THAT THE TOOL IS PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW NEITHER NOKIA, ITS AFFILIATES OR ITS LICENSORS, NOR THE
COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF AVAILABILITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE TOOL OR
APPLICATIONS DEVELOPED USING THE TOOL WILL NOT INFRINGE ANY THIRD PARTY
PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. THERE IS NO WARRANTY
BY NOKIA OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE TOOL
OR APPLICATIONS DEVELOPED USING THE TOOL WILL MEET YOUR REQUIREMENTS OR
THAT THE OPERATION OF THE TOOL OR APPLICATIONS DEVELOPED USING THE TOOL
WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND
RISK FOR THE SELECTION OF THE TOOL TO ACHIEVE YOUR INTENDED RESULTS AND
FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT.

11. NO OTHER OBLIGATIONS

This Agreement creates no obligations on the part of Nokia other than as
specifically set forth herein.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
NOKIA, ITS AFFILIATES, ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY LOST
PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF
BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY SPECIAL, DIRECT,
INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR
CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER
CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF
THE USE OF OR INABILITY TO USE THE TOOL OR APPLICATIONS DEVELOPED USING
THE TOOL, EVEN IF NOKIA, ITS AFFILIATES OR ITS LICENSORS ARE ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY,
BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, NOKIA'S, ITS
AFFILIATES', ITS EMPLOYEES' AND LICENSORS' LIABILITY SHALL BE LIMITED TO
U.S. $50. Nothing contained in this Agreement shall prejudice the
statutory rights of any party dealing as a consumer. Nothing contained
in this Agreement limits Nokia's liability to You in the event of death
or personal injury resulting from Nokia's negligence. Nokia is acting on
behalf of its affiliates, its employees and licensors for the purpose of
disclaiming, excluding, and/or restricting obligations, warranties, and
liability as provided in this clause 12, but in no other respects and
for no other purpose.

13. INDEMNITY

You shall defend, indemnify and hold Nokia, its affiliates and its
licensors harmless against any claims, damages, liabilities, losses,
costs, suits or expenditures incurred by Nokia, its affiliates, or
licensors resulting from or or arising out of Your breach of this Agreement.

14. EXPORT CONTROL

The Tool, including technical data, includes cryptographic software
subject to export controls under the U.S. Export Administration
Regulations ("EAR") and may be subject to import or export controls in
other countries. The EAR prohibits the use of the Tool and technical
data by a Government End User, as defined hereafter, without a license
from the U.S. government. A Government End User is defined in Part 772
of the EAR as "any foreign central, regional, or local government
department, agency, or other entity performing governmental functions;
including governmental research institutions, governmental corporations,
or their separate business units (as defined in part 772 of the EAR)
which are engaged in the manufacture or distribution of items or
services controlled on the Wassenaar Munitions List, and international
governmental organizations. This term does not include: utilities
(telecommunications companies and Internet service providers; banks and
financial institutions; transportation; broadcast or entertainment;
educational organizations; civil health and medical organizations;
retail or wholesale firms; and manufacturing or industrial entities not
engaged in the manufacture or distribution of items or services
controlled on the Wassenaar Munitions List.)" You agree to strictly
comply with all applicable import and export regulations and acknowledge
that You have the responsibility to obtain licenses to export,
re-export, transfer, or import the Tool. You further represent that You
are not a Government End User as defined above, and You will not
transfer the Tool to any Government End User without a license.

15. NOTICES

All notices and return of the Tool should be delivered to:

NOKIA CORPORATION
P.O. Box 100
FIN-00045 NOKIA GROUP
FINLAND

16. APPLICABLE LAW

This Agreement is governed by the laws of Finland. All disputes arising
from or relating to this Agreement shall be settled by a single
arbitrator appointed by the Central Chamber of Commerce of Finland. The
arbitration procedure shall take place in Helsinki, Finland, in the
English language.

17. ENTIRE AGREEMENT, CHANGES TO THIS AGREEMENT

This is the entire agreement between Nokia and You relating to the Tool,
and it supersedes any prior representations, discussions, undertakings,
end-user agreements, communications, or advertising relating to the
Tool. Nokia reserves the right to modify or amend this Agreement at any
time without prior notice. If this Agreement is changed in a substantial
way, Nokia will provide a prior notice advising of such change. You are
responsible for regularly reviewing this Agreement. Your continued use
of the Tool shall constitute Your consent to any changes.

18. GENERAL PROVISIONS

If any part of this Agreement is found void and unenforceable, it will
not affect the validity of the balance of the Agreement, which shall
remain valid and enforceable according to its terms.

Privacy Policy
English

WE CARE ABOUT YOUR PRIVACY
What Data Do We Collect?
Why Do We Process Personal Data?
First use of your Nokia device
Do We Share Personal Data?
How Do We Address The Privacy of Children?
How Do We Address Data Quality?
What Steps Are Taken To Safeguard Personal Data?
How Do We Use Cookies and Web Beacons?
What Are Your Rights?
Your California Privacy Rights
Who Is The Controller of Your Personal Data?
US Safe Harbor Privacy Framework
Changes to This Privacy Policy
WE CARE ABOUT YOUR PRIVACY

Nokia is committed to protecting your privacy and to complying with
applicable data protection and privacy laws. This Privacy Policy
("Policy") explains how we process personal data. Throughout this Policy
the term "personal data" means information relating to an identified or
identifiable individual (i.e. a natural person). "Nokia" refers to Nokia
Corporation, including its affiliates (also referred to as "we", "us",
or "our"). This Policy applies for processing of your personal data
where Nokia is the data controller or where we refer to the
applicability of this Policy.

We may provide additional privacy information in connection with our
products and services through service descriptions and other notices.
Such information prevails over this Policy to the extent of any conflict.

Third party services installed on your device may allow access to
information available on your device. Our products or services may
contain links to other companies' websites and services that have
privacy policies of their own. We recommend that you read the privacy
policies of such third party services. Nokia is not responsible for the
privacy practices or contents of any such third party services.

By using this website and/or by submitting personal data to Nokia, you
agree to the processing of your personal data as explained in this
Policy. If you do not agree with this Policy, please do not use this
website or provide Nokia with your personal data.
What Data Do We Collect?

We collect your personal data typically when you make a purchase, use or
register into our products and services, take part in a campaign or
otherwise interact with us. Below are examples of the categories of data
we collect.

*

Your use of our products and services When you use our products
and services your IP-address, access times, the website you linked from,
pages you visit, the links you use, the content you viewed and other
such information your browser provides us with is automatically
collected by Nokia. Some of our mobile services may collect your unique
mobile device identifiers, subscriber identity information, network
service provider specific identifiers, network settings and other such
information. When you use our products and services or otherwise
interact with us over telecommunications networks, certain additional
information, such as your mobile subscription number, may be transmitted
to us by your mobile network provider.
*

Information you provide us with We may ask you to provide us with
information such as your name, email address, street address, user names
and passwords, your consents, preferences and feedback, information
relating to your devices, age, gender, postal code and language
preferences. Please note that certain non-identifiable information
collected from you may become personally identifiable when you provide
us with your personal data. We may also obtain, in accordance with
applicable law, some personal data from list-rental companies and other
such publicly available sources. Some of our services may allow you to
submit information about other people, for example, if you make an order
for a product that you wish us to send directly to another recipient.
*

Your transactions with us We collect information relating to your
purchase and use of our products and services and your other
interactions with us. Such information may include details of the
queries or requests you have made, the products and services provided,
delivery details, bank account number, credit card details, billing
address, credit checks and other such financial information, details of
agreements between you and Nokia, records of contacts and
communications, information and details relating to the content you have
provided us with and other such transactional information. We may, in
accordance with applicable law, record your communication with our
customer care or with other such contact points.
*

Location data Nokia's location based services and features may
use satellite, Wi-Fi or other network based location data, for example
your IP-address. Assisted positioning methods of the device, for example
Assisted GPS, provide you with faster and more accurate location data.
Use of assisted positioning methods may involve exchanging your location
data, wireless network identifiers along with your unique device or
network service provider identifiers with a location server. Nokia
processes this information anonymously. Depending on your positioning
settings and your use of location services of other service providers
your device may connect to other service providers' servers, which are
not controlled or operated by Nokia. We recommend you to check the
privacy policies of such service providers to understand how they
process your location data. You can modify the positioning settings of
your device from the device settings, for example change or disable
positioning methods or location servers or modify the accuracy of your
location data.

Nokia offers various location based services and features that
may require the use of your location data. For example when you make a
location based search, use location enhanced weather features or request
for map data, your location data may be sent to Nokia to serve you with
the right content. This may also include location based advertizing.
Some location based services may allow you to associate your personal
data with your location. To learn more about available location based
services and features, please refer to instructions and other support
material for our products and services.

Why Do We Process Personal Data?

Nokia may process your personal data for the following purposes. Please
note that one or more purposes may apply simultaneously.

*

Providing products and services We may use your personal data to
provide you with our products and services, to process your order or as
otherwise may be necessary to perform the contract between you and
Nokia, to ensure the functionality and security of our products and
services, to identify you as well as to prevent and investigate fraud
and other misuses.
*

Developing products and services We may use your personal data to
develop our products and services. However, for the most part we only
use aggregate and statistical information for such purposes. We may
combine personal data collected in connection with your use of a
particular Nokia product and/or service with other personal data we may
hold about you, unless such personal data was collected for a different
purpose.
*

Communicating with you We may use your personal data to
communicate with you, for example to send you critical alerts and other
such notices relating to our products and/or services and to contact you
for consumer care related purposes.
*

Marketing and making recommendations We may use your personal
data to personalize our offering and to provide you with more relevant
services, for example, to make recommendations and to display customized
content and advertising in our services. This may include displaying
Nokia and third party content. We may use your personal data for direct
marketing or research purposes, for example, to conduct market research
and we may, in accordance with applicable law, contact you to inform you
of new products, services or promotions we may offer.

First use of your Nokia device

Depending on your device a Nokia Account may be created for you or you
may need to sign in with your existing Nokia Account when you first use
your device. In the activation process your user name, email address,
mobile number, unique mobile device identifier and subscriber identity
information will be sent to Nokia and we may associate this information
with your Nokia Account. This combined information may be used to
activate your warranty and certain software licenses and to send you
personalized messages, for example emails, text and other messages.
These messages may include information about Nokia's products and
services, such as tips and commercial offers. You may unsubscribe from
these messages at any time for example by following the information in
the message you receive after taking your device into use, instructions
in the device or in the messages, through available profile management
tools or contacting Nokia customer care. The collected information may
also be used to display personalized content as well as to improve
Nokia's products and services. The above information may also apply in
case you update the software of your device.
Do We Share Personal Data?

We do not sell, lease, rent or otherwise disclose your personal data to
third parties unless otherwise stated below.

*

Your consent and social sharing services We may share your
personal data if we have your consent to do so. Some services may allow
you to share your personal data with other users of the service or with
other services and their users. Please consider carefully before
disclosing any personal data or other information that might be
accessible to other users.
*

Nokia companies and authorized third parties We may share your
personal data with other Nokia companies or authorized third parties who
process personal data for Nokia for the purposes described in this
Policy. This may include for example billing through your network
service provider or otherwise, delivery of your purchases, providing
services including customer service, managing and analyzing consumer
data, credit checks, conducting market research and managing marketing
and other such campaigns. When you purchase a Nokia product from us with
a network service provider plan, we may need to exchange information
with your network service provider to provide you with such service.

We may conduct joint marketing and other communications with our
partners, for example your mobile operator. To avoid duplicate or
unnecessary communications and to tailor the message to you we may need
to match information that Nokia has collected with information that the
partner has collected where this is permitted by law.

These authorized third parties are not permitted to use your
personal data for any other purposes. We require them to act
consistently with this Policy and to use appropriate security measures
to protect your personal data.
*

International transfers of personal data Our products and
services may be provided using resources and servers located in various
countries around the world. Therefore your personal data may be
transferred across international borders outside the country where you
use our services, including to countries outside the European Economic
Area (EEA) that do not have laws providing specific protection for
personal data or that have different legal rules on data protection, for
example, the United States of America. In such cases we take steps to
ensure that there is a legal basis for such a transfer and that adequate
protection for your personal data is provided as required by applicable
law, for example, by using standard agreements approved by relevant
authorities (where necessary) and by requiring the use of other
appropriate technical and organizational information security measures.
*

Mandatory disclosures We may be obligated by mandatory law to
disclose your personal data to certain authorities or other third
parties, for example, to law enforcement agencies in the countries where
we or third parties acting on our behalf operate. We may also disclose
and otherwise process your personal data in accordance with applicable
law to defend Nokia's legitimate interests, for example, in civil or
criminal legal proceedings.
*

Mergers and Acquisitions If we decide to sell, buy, merge or
otherwise reorganize our businesses in certain countries, this may
involve us disclosing personal data to prospective or actual purchasers
and their advisers, or receiving personal data from sellers and their
advisers.

How Do We Address The Privacy of Children?

Nokia products and services are typically intended for general
audiences. Nokia does not knowingly collect information of children
without the consent of their parents or guardians. Nokia publishes
safety guidelines for using internet services in our websites.
How Do We Address Data Quality?

We take reasonable steps to keep the personal data we possess accurate
and to delete incorrect or unnecessary personal data.

As certain Nokia products and services may allow you to manage your
profile, we encourage you to access your personal data from time to time
to ensure that it is correct. Please remember that in case of any
changes it is your responsibility to update the personal data you have
provided us with.
What Steps Are Taken To Safeguard Personal Data?

Privacy and security are key considerations in the creation and delivery
of our products and services. We have assigned specific responsibilities
to address privacy and security related matters. We enforce our internal
policies and guidelines through an appropriate selection of activities,
including proactive and reactive risk management, security engineering,
training and assessments. We take appropriate steps to address online
security, physical security, risk of data loss and other such risks
taking into consideration the risk represented by the processing and the
nature of the data being protected. Also, we limit access to our data
bases containing personal data to authorized persons having a justified
need to access such information.
How Do We Use Cookies and Web Beacons?

Cookies are small text files that are sent to your computer by a web
server. We use cookies to provide benefits to you. Session cookies
remember the previous activity performed by you, for example an item you
placed in a shopping cart. Persistent cookies are used to save your
preferences over multiple sessions, for example personalization of
settings on our websites. Cookies may be used to display targeted ads
and recommendations, for example to eliminate showing the same ads to
you multiple times or showing ads that we think are of interest to you
based on your past actions on our website. Cookies are also used to
determine the effectiveness of our promotions and advertising campaigns
and to improve our products and services.

Nokia may use web beacons (or "pixel tags") in connection with some of
our websites. However, we do not use them to identify individual users
personally. Web beacons are typically graphic images that are placed on
a website and they are used to count visitors to a website and/or to
access certain cookies. This information is used to improve our
services. Web beacons do not typically collect any other information
than what your browser provides us with as a standard part of any
internet communication. If you turn off cookies, the web beacon will no
longer be able to track your specific activity. The web beacon may,
however, continue to collect information about visits from your IP-address.

Some Nokia websites or applications may utilize so called locally stored
objects, such as Flash local shared objects ("Flash cookies") or HTML5
Web Storage. Locally stored objects are used for similar purposes as
cookies but typically may contain a greater amount and different types
of data than browser cookies. For example, in Flash you can use the
Flash Player Settings Manager to control the storage of local shared
objects, including disabling the local shared objects for certain
websites only or disabling the storage of local shared objects
completely for all websites.

Some Nokia websites use third party advertizing technologies, such as
DoubleClick, to serve ads. DoubleClick uses a cookie to collect
information about your visits to Nokia and third party websites. This
information will be used to serve ads on Nokia and third party websites.
The collected information will not be directly personally identifiable
nor will DoubleClick share the information with third parties. You may
choose to disable the DoubleClick cookie at any time by using
DoubleClick opt-out cookie. You may also go to
http://networkadvertising.org/ to install an opt-out cookie.

Most browsers allow you to disable or allow the use of cookies. You may
also delete the cookies on your computer if your browser so permits. If
you disable cookies, you may not be able to use certain parts of our
services and you may need to re-install the opt-out cookie.
What Are Your Rights?

You have a right to know what personal data we hold about you. You have
a right to have incomplete, incorrect, unnecessary or outdated personal
data deleted or updated. You have a right to request that we stop
processing your personal data for direct marketing or market research
purposes. However, if you opt-out from marketing and other
communications from Nokia, we may still send you critical alerts
pertaining to our products and services or contact you for these purposes.

You may exercise your rights by contacting us through the contact points
referred to below. In some cases, especially if you wish us to delete or
stop processing your personal data, this may also mean that we may not
be able to continue to provide the services to you. Please note that
Nokia may need to identify you and to ask for additional information in
order to be able to fulfill your request. Please also note that
applicable law may contain restrictions and other provisions that relate
to your rights.

We encourage you to use available profile management tools, for example
Nokia Account for the above purposes as such tools often provide you
with direct access to your personal data and allow you to effectively
manage it.
Your California Privacy Rights

California law requires a business to disclose to its customers, upon
the customer's request, a list of the third parties to which the
business disclosed "personal information" regarding that customer within
the immediately preceding calendar year. If you are a resident of
California and would like to make such a request, please submit your
request in writing to:

Nokia Inc.,
102 Corporate Park Drive,
White Plains, NY 10604 USA.
Attention: Legal Director, North America.

E-mail: usaprivacy@nokia.com

Please note that we are only required to respond to such a request from
you once per calendar year.
Who Is The Controller of Your Personal Data?

Nokia Corporation of Keilalahdentie 4, 02150 Espoo, Finland is the
controller of your personal data.

In addition, the Nokia affiliate providing the product or service may be
a controller of your personal data. You may find the identity of the
controller and its contact details by reviewing the terms and conditions
of such a product or service or by using contact information provided in
the applicable Nokia websites.

In matters pertaining to Nokia's privacy practices you may also contact
us at:

Nokia Corporation
c/o Privacy
Keilalahdentie 4
02150 Espoo
Finland
US Safe Harbor Privacy Framework

Nokia Inc., 102 Corporate Park Drive, White Plains, NY 10604 USA adheres
to the EU-US/Swiss-US Safe Harbor Privacy Principles of Notice, Choice,
Onward Transfer, Security, Data Integrity, Access and Enforcement, and
is registered with the U.S. Department of Commerce's Safe Harbor
Program. If you have questions or concerns about Nokia's participation
in the Safe Harbor Framework, please contact:

Nokia Inc.,
102 Corporate Park Drive,
White Plains, NY 10604 USA.
Attention: Legal Director, North America.

If you believe Nokia Inc. has not satisfactorily addressed your data
privacy concerns, you may contact the EU Data Protection Panel at: Data
Protection Panel Secretariat, Rue de Luxembourg 46 (01/126) B-1000
Brussels, BELGIUM, or by visiting
http://circa.europa.eu/Public/irc/secureida/safeharbor/home.
Changes to This Privacy Policy

Nokia may from time to time change this Policy or change, modify or
withdraw access to this site at any time with or without notice.
However, if this Policy is changed in a material, adverse way, Nokia
will post a notice advising of such change at the beginning of this
Policy and on this site's home page for 30 days. We recommend that you
re-visit this Policy from time to time to learn of any such changes to
this Policy.

20101220

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